..... when such jurisdiction is exercised by a single judge, his judgment becomes subject to appeal under clause 15 of the letters patent there being nothing to the contrary in the trademarks act. (at 1033-1034) 11. given the fact that the procedure that would apply to the nclt would be the procedure contained inter alia in the limitation act, it is ..... the present case, the principle enunciated therein is one of general application and has an apposite application to the facts and circumstances of the present case. section 76 of the trademarks act confers a right of appeal to the high court and says 20 nothing more about it. that being so, the high court being seized as such of the appellate ..... this court stating: the trademarks act does not provide or lay down any procedure for the future conduct or career of that appeal in the high court, indeed section 77 of the act provides that ..... . ltd. v. james chadwick and bros. ltd., 1953 scr1028 this court dealt with an appeal to the high court from any decision of the registrar under section 76 of the trademarks act. it was argued that the provisions of clause 15 of the letters patent would not be attracted to such an appeal preferred under section 76. this was negatived by .....

..... by the court would shape depends on the facts and circumstances of each case. where a defendant has imitated or adopted the plaintiff s distinctive trademark or business name, the order may be an absolute injunction that he would not use or carry on business under that name. (kerly, ibid ..... is similarity. there is no explanation at all for torrent s past conduct and the inaction with knowledge, or deemed knowledge, of wockhardt s trademark registration application, its advertisement and subsequent registration, with not a single objection from torrent or is predecessor-in-title. there is no answer about ..... , the arguments were confined to passing off only. 13) the skeletal facts necessary to decide this appeal are that the plaintiff/respondent has a trademark called chymoral and chymoral forte , which is a drug administered post-surgically for swellings that may arise and/or wounds that may arise. it ..... . seeing the sales figures of chymowok from december, 2017 till august, 2018 and the fact that the appellant s sales under the new trade name are substantial, we do not think that we should exercise our discretionary jurisdiction under article 136 of the constitution of india in favour of ..... , which, in turn, had obtained the said mark from one armour pharmaceutical company. the user that is claimed on behalf of the plaintiff is at least from the year 1988 as and when elder pharmaceuticals ltd. actually sold drugs under the two trade names as aforesaid. the division bench also referred .....

..... the rules. in our view, the contention of mr vaidyanathan that in view of change in the language of section 8 of the trademarks act as compared to section 5 of the trademarks act, 1940, registration of trademark is to be made only in respect of class or genus and not in respect of articles of different species under the genus is ..... for registration and the goods in respect of which the appellant intended to claim registration. this was submitted in the tabulated form as under: class goods applied in the trademark application class 29 trademark app. no.982285 meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, fruit sauces; eggs; milk and milk products; ..... number of persons involved in the channels of distribution of the goods or services; (iii) the business circles dealing with the goods or services, to which that trademark applies. (8) where a trademark has been determined to be well-known in at least one relevant section of the public in india by any court or registrar, the registrar shall consider that ..... is raised in opposition proceedings by the proprietor of the earlier trademark. (6) the registrar shall, while determining whether a trademark is a well-known trademark, take into account any fact which he considers relevant for determining a trademark as a well-known trademark including (i) the knowledge or recognition of that trademark in the relevant section of the public including knowledge in india .....

..... rice, coffee, tea etc. in the registration under class-30, there is a disclaimer for the word malabar . the disclaimer is worded thus:- condition & limitation: registration of this trademark shall give no right to the exclusive use of word malabar and all other descriptive matters 7. the appellant though claims exclusive right over the word malabar since there is ..... of the respondent s then mark and other materials, the learned single judge vide order dated 02.07.2012 granted ..... plaintiff claims to have been using the mark malabar for selling biryani rice from 2001. the appellant filed the suit cs no.27 of 2012 for infringement and passing off special biryani rice under the mark malabar gold or other mark/trade name which is identical with and/or deceptively similar to the appellant s trademark malabar . on consideration of various features ..... interim injunction observing that there was similarity between the two labels/marks and restrained the respondents/defendants from using the label mark malabar . the division bench declined .....

..... 7 scc243100 (2015) 16 scc795109 any symbol relating to gods, goddesses or places of worship should not ordinarily be registered as a trademark.133. the petitioners have also referred to other cases such as gujarat electricity board v. hind mazdoor sabha and others101, modern dental college and research centre and others v. ..... stage standards.132. in lal babu priyadarshi v. amritpal singh 100 , while dealing with a trademark case under various sections of the trade and merchandise marks act, 1958 [repealed by the trademarks act, 1999 (47 of 1999), this court referred to the eighth report on the trademarks bill, 1993 submitted by the parliamentary standing committee which was of the opinion that 99 (2017) ..... committee liable in a civil or criminal action for what is stated in parliament. such is not the position here. mr gonsalves submitted that in significant respects, our constitution marks a historical break from the english parliamentary tradition. india has adopted the doctrine of constitutional supremacy and not 9 part b parliamentary sovereignty, as in the uk. hence, cases ..... in k.c. gajapati narayan deo (supra) to the effect that if the constitution distributes the legislative powers amongst different bodies which have to act within their respective spheres marked out by specific legislative entries or if there are limitations on the legislature in the form of fundamental rights, the question will arise as to whether, in a particular case .....

..... 2017 also records the aforesaid submission and turns it down stating:57. the grounds indisputably, regarding insufficiently stamped assignment deed and non-registration of the trademark were argued by the bank which were considered and addressed by the trial court in o.s. no.2832/2004 and o.s. no.7018 ..... which may extend to one lakh rupees for every day, during which the contravention or default continues. 35. insofar as section 45 of the trademarks act is concerned, it is clear that this plea was raised throughout both the proceedings. insofar as the suits of 2004 were concerned, the judgment ..... and the registrar shall, on receipt of the application and on proof of title to his satisfaction, register him as the proprietor of the trademark in respect of the goods or services in respect of which the assignment or transmission has effect, and shall cause particulars of the assignment or ..... made by the assignee continuously and uninterruptedly for the aforesaid period of ten years.5. the assignee shall have the right to use the trademark eenadu on its own and shall also be entitled to grant permission to third party/parties to use the same, subject to the said parties ..... incense sticks) on certain terms and conditions. clauses 1 to 7 of the aforesaid assignment are set out hereunder: now this deed of assignment of trademark eenadu witnesseth as follows:1. the assignor hereby grant, transfer and assign upon the assignee upon the terms and conditions mentioned hereunder, the exclusive use .....

..... in such a way that it is useable for the purposes of 'hair oil', it has to be classified as 'hair oil' under chapter 33. 56 30. government of india, trademark registry and public search result indicate that trademark no.1033842 class-3-parachute is associated with hair oil, hair lotions etc. registration of the trademark of the 'parachute' brand is ..... the amended chapter note 2 to chapter note 33 and section note with effect from 01.03.2005. insofar as 'parachute' is concerned, revenue places reliance upon various materials like trademark registration and other materials as to depicting how the market has understood, 'parachute' as the 'hair oil'. it was further submitted that in case of conflict, the notes contained in ..... class cannot be determinative of the classification of the product for purposes of central excise tariff. moreover, in the present case, marico had/has obtained registration of its trademark parachute under different classes including edible oil (class 29) as well as hair oil lotions, hair preparations under class 3.34. the contents of circular bearing no.no.145/56 ..... . a contention has been advanced on behalf of the revenue that parachute is a registered trademark of marico and goods are being marketed under the aforesaid trademark for use as hair oil. the issue of registered trademark and classification for the purpose of levy of central excise tariff are unrelated and unconnected to each other. registration of a trademark under any particular .....

..... in such a way that it is useable for the purposes of 'hair oil', it has to be classified as 'hair oil' under chapter 33. 56 30. government of india, trademark registry and public search result indicate that trademark no.1033842 class-3-parachute is associated with hair oil, hair lotions etc. registration of the trademark of the 'parachute' brand is ..... the amended chapter note 2 to chapter note 33 and section note with effect from 01.03.2005. insofar as 'parachute' is concerned, revenue places reliance upon various materials like trademark registration and other materials as to depicting how the market has understood, 'parachute' as the 'hair oil'. it was further submitted that in case of conflict, the notes contained in ..... class cannot be determinative of the classification of the product for purposes of central excise tariff. moreover, in the present case, marico had/has obtained registration of its trademark parachute under different classes including edible oil (class 29) as well as hair oil lotions, hair preparations under class 3.34. the contents of circular bearing no.no.145/56 ..... . a contention has been advanced on behalf of the revenue that parachute is a registered trademark of marico and goods are being marketed under the aforesaid trademark for use as hair oil. the issue of registered trademark and classification for the purpose of levy of central excise tariff are unrelated and unconnected to each other. registration of a trademark under any particular .....

..... when such jurisdiction is exercised by a single judge, his judgment becomes subject to appeal under clause 15 of the letters patent there being nothing to the contrary in the trademarks act." (emphasis supplied) 27. the question regarding the purport of expression persona designata also arose for consideration in other cases decided by this court to which our attention has been ..... the present case, the principle enunciated therein is one of general application and has an apposite application to the facts and circumstances of the present case. section 76 of the trademarks act confers a right of appeal to the high court and says nothing more about it. that being so, the high court being seized as such of the appellate jurisdiction ..... that an appeal under the letters patent against the judgment of a single judge passed in an appeal against the decision of the registrar under section 76(1) of the trademarks act, 1940 was not maintainable it was held at pages 1033-34 of the report: (scr pp.1033-34) obviously after the appeal had reached the high court it has .....